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The Health and Safety Section, which is part of Oldham Council's Environmental Services Directorate is committed to ensuring that all those who live, work in or visit the Borough have an understanding of the Health and Safety enforcement policy. The team aims to improve standards of health and safety, reduce the incidence of workplace accidents and associated ill health.
This enforcement policy explains what you can expect from our staff after a visit and what to do when you are not satisfied.
Environmental Health Officers and Enforcement Officers make up the Health and Safety team. The team carry out inspections of all shops, offices and warehouses within oldham also investigate complaints and accidents.
We carry out inspections to ensure employers and the self-employed are fulfilling their legal duties under health and safety at work legislation. We investigate any accidents and complaints that have occurred but try to improve health and safety within a company.
An inspector is allowed to turn up to inspect a business at any reasonable time. Inspections are carried out to assess the level of health and safety commitment within a business. A business is categorised by the hazards and risks within the company, so the greater the risk, the more often they will be inspected. It is necessary to look at all areas of the business and any documentation relating to health and safety such as risk assessments, accident books and safety policies. The officers also make recommendations on practices, offering advice on the law and enforcing where required.
An inspector follows legislation when visiting a company, especially the Health and Safety at Work etc Act 1974. After the inspection the officer must communicate with safety representatives and employees through a letter discussing any points or problems highlighted at that time. The appropriate advice, guidance and help is offered both at the time of the inspection and after. The report and letter will make clear what action the officer intends to take, for example, no further action, a legal notice or recommend legal proceedings.
An officer must determine the course of action that they are allowed to take if the law is breached. If the law is broken then a company or individual may face the appropriate penalties. This can include a fine of up to £20,000 in a Magistrates Court, unlimited in a Crown Court, or imprisonment of up to two years for certain offences. Action is taken in proportion to the risks and seriousness of any breaches.
The various types of action are:
If a prosecution is required then it is to ensure compliance of a breach. It is more likely if there are:
However prior to prosecution, a number of points will be considered
The Health and Safety at Work etc Act 1974 allows for the prosecution of individuals who have committed a health and safety offence or breach within the Act or enabling legislation. The officers aim to identify who has been negligent or ignorant and why.
It is our promise within this Enforcement Policy to ensure that our inspectors are courteous, polite, fair, introduce themselves fully and are thorough with any enquiries or problems.
In order for the Councils enforcement standards to be consistent and maintain high standards it has national agreements with the Health and Safety Executive and the Local Authority Enforcement Liaison Committee.
This policy has explained the formal action that the Council's health and safety officers may take, but in most cases businesses act responsibly and are eager to comply with the law. They actively seek advice and guidance and in these instances the role of the officer will be to encourage and support rather than enforce. Indeed, for the vast majority of time, the officer adopts an educative role in raising health and safety standards and only prosecutes as a last resort.
The Council aims to work closely with any business to provide a fair and consistent health and safety relationship. If you feel that you have been treated unfairly by our staff and wish to complain please write to the Department's Principal Health and Safety Officer.
Principal Environmental Health Officer Telephone: 0161 770 4454
Health and Safety Section
Environmental Protection
Environmental Services Directorate
Chadderton Town Hall
Middleton Road
Chadderton
Oldham
OL9 6PP
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